155 Conn.App. 298
Conn. App. Ct.2015Background
- Marital dissolution after a 29-year marriage; no pronounced fault by either party.
- Plaintiff Gina Cimino, age 54, is well-educated (MBA) with $37,000 claimed earning capacity and prior home duties since 1990; defendant Joseph Cimino is an IRS employee earning $119,548.
- During the divorce, plaintiff withdrew $129,000 from joint family accounts.
- The trial court valued the marital home at $575,000, with the home owned outright and needing substantial interior/exterior repairs.
- The court awarded defendant exclusive possession of the home, ordered $600 weekly alimony for 10 years, and divided retirement/retirement-like accounts (plaintiff received thrift plan ~$124,000 and an IRA ~$11,216; defendant received the retirement fund).
- The factual record included competing appraisals (575k vs 750k) and testimony about needed repairs; the court chose the lower appraisal and proceeded with its asset division.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the marital home was properly valued at $575,000. | Cimino argues the value should be higher. | Cimino contends the court properly used the admitted appraisal. | Value supported by appraisal; not abuse of discretion. |
| Whether alimony of $600/week for ten years was appropriate. | Cimino seeks higher/alimony for longer duration. | Husband contends court acted within discretion. | Alimony within statutory factors and not an abuse of discretion. |
| Whether one-half of the defendant’s retirement accounts should have been awarded to Cimino. | Cimino claims equal division of thrift plan and retirement fund. | Court allocated assets consistent with statutory criteria. | Court did not abuse discretion; proper division of retirement assets. |
Key Cases Cited
- Keenan v. Casillo, 149 Conn. App. 642 (2014) (abuse of discretion standard in domestic relations)
- Brown v. Brown, 130 Conn. App. 522 (2011) (consideration of statutory criteria in alimony/property)
- Desai v. Desai, 119 Conn. App. 224 (2010) (appraisal/evidence weighing in valuation)
- Porter v. Porter, 61 Conn. App. 791 (2001) (trial court discretion in property valuation)
- Cunningham v. Cunningham, 140 Conn. App. 676 (2013) (retirement assets division discretion)
- Kunajukr v. Kunajukr, 83 Conn. App. 478 (2004) (broad discretion in dissolution financial orders)
- Rivnak v. Rivnak, 99 Conn. App. 326 (2007) (broad discretion in alimony decisions)
- Giacomo v. Cimino, N/A (N/A) (not cited in text)